Despite objections from both the Attorney-General of the Federation, AGF, and the Economic and Financial Crimes Commission, a High Court of the Federal Capital Territory, FCT, sitting in Maitama, has ordered Emefiele’s release from incarceration.
Mr. Godwin Emefiele, the detained former governor of the Central Bank of Nigeria, CBN, returns home in Abuja yesterday after spending 151 days in the custody of security agents after being granted bail by an Abuja High Court.
Recall that on June 9, President Bola Tinubu removed Emefiele from his position as governor of the central bank. The Department of State Services, or DSS, then detained Emefiele at his home in Lagos.
Since then, the federal government has filed 20 counts of corruption against Emefiele and two other people before an Abuja High Court located in Maitama. He is also accused of possessing an illegal handgun and ammunition on two counts before the Federal High Court in Lagos.
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In a verdict handed by Justice Olukayode Adeniyi, the court ruled that the beleaguered former CBN governor be released to his counsel while also ordering him to submit all international travel documents.
“Detention without trial must end,” the judge said, pointing out that in a previous decision from November 2, the court had mandated that the anti-graft agency either produce the applicant so that his bail request could be taken into consideration or release him unconditionally.
The Federal Government’s argument that the Applicant was already set for arraignment before a different court on November 15th prevented the judge from allowing him to stay in detention.
It determined that the claim was speculative since there was no evidence to support the idea that the scheduled arraignment would proceed as planned.
Furthermore, the court took note of the contradicting dates on a fictitious remand order that FG’s attorney, Mr. Oyin Koleoso, presented to it. The order, issued by an Abuja Chief Magistrate, allowed Emefiele to be remanded for a period of 14 days. The dates were April 26 and October 27, 2023.
Justice Adeniyi said, “The Applicant’s claim that he has been imprisoned for a period of upward of 151 days without trial is a very crucial fact that this court cannot overlook.”
According to him, even in cases where an applicant is the subject of a remand order, the court is authorised to issue appropriate instructions under section 298(2) of the Administration of Criminal Justice Act, ACJA, 2015.
“This court’s order from November 2 is already rather obvious. The reason for today’s exercise is that the third and fourth respondents have refused to follow this court’s order to release the applicant without conditions, according to the judge’s ruling.
Thus, he issued an order directing Emefiele’s release to a group of three Senior Advocates of Nigeria, SANs, who had been representing him in the case. He further stated that Emefiele was to be produced in court on the day of his scheduled arraignment or on any other date he was supposed to appear in court.
In order to avoid being charged, Emefiele was ordered by Justice Adeniyi to turn over all of his foreign paperwork to the court’s senior registrar. He then postponed the case’s continued discovery until November 17.
The former CBN boss, who has been detained for approximately five months, filed a fundamental right enforcement complaint through his legal team, which was directed by Mr. Matthew Burkaa, SAN, and the verdict came after that.
The Federal Republic of Nigeria, the Attorney-General of the Federation (AGF), the Chairman of the Economic and Financial Crimes Commission (EFCC), and the anti-graft agency itself are listed as Respondents in the lawsuit with the filing number FCT/HC/CV/040/2023.
Emefiele informed the court during the hearing that he had not yet received a copy of the new charge against him. Emefiele was hauled before the high court on Wednesday by armed security agents affiliated with the EFCC.
While pleading with the court not to refuse him bail based on the preliminary objection and affidavit of fact filed by the AGF, his attorney, Burkaa, SAN, insisted that they had not yet received a copy of the charge.
“My lord, they haven’t yet served my client with the charge they say has been brought against him,”
It is very speculative to submit that his release on bond will prevent his arraignment. There’s the
It is very speculative to submit that his release on bail will prevent his arraignment. Nothing indicates that the applicant poses a flight risk or that he has withdrawn from the trial at any point.
“Let the applicant breathe, my lord! He pleaded, “The truth is, the state gains nothing by releasing the applicant to bond.
“Let us hear from the Applicant if he has been served,” Justice Adeniyi stated, turning to face Emefiele, who was seated in the gallery. Have you been served, applicant?” the court asked Emefiele.
The weak-looking former governor of the Central Bank of Nigeria replied, “My lord, I don’t have any charge.”
Emefiele drove out from the courthouse in a Jeep that one of the security guards had brought because he was afraid he might be caught again.
Not long after the hearing concluded, Emefiele drove out in a Jeep that one of his attorneys had brought with him, out of concern that he might be taken into custody again by security personnel.
